Jiabur Ali v. The State of Assam

ORDER Date : 09.09.2024

Heard Ms. D. Borgohain, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State.

¶2By this application filed under section 483 of the Bharatiya Nagarik Page No.# 2/3 Suraskha Sanhita, 2023, the accused petitioner namely, Jiabur Ali, has prayed for bail in connection with Bihpuria P.S. Case No. 107/2024 under Section 21(b)/29 of NDPS Act.

¶3It has been submitted by the learned counsel for the petitioner that the petitioner was arrested on 14.07.2024 and since then he has been detained in custody. It is also submitted that about 33 gram of suspected heroine was recovered from a vehicle in which the petitioner is travelling bearing Regd. No. AS-07-N-1200. It is further submitted that quantity of suspected heroine recovered appears to be intermediate quantity. It is also submitted that the petitioner has no knowledge regarding the transportation of said contraband and he was arrested only on suspicion. Charge-sheet has not yet been submitted. Considering the length of detention, the petitioner may be enlarged on bail.

¶4Mr. Goswami, learned Additional Public Prosecutor for the State has produced the case diary without FSL report and submits that the petitioner has been detained in custody for last 57 days and charge-sheet has not yet been submitted in this case. It is also submitted that at the time of the incident, 33 gm of suspected heroine was recovered from the vehicle in which petitioner was travelling.

¶5I have considered the submissions made by the parties. I have also perused the case diary.

¶6Considering the background of the case as well as length of detention of the petitioner, this Court is inclined to grant bail to the petitioner.

¶7Accordingly, the petitioner, named above, shall be released on bail in Page No.# 3/3 connection with Bihpuria P.S. Case No. 107/2024 under Section 21(b)/29 of NDPS Act, on furnishing bail bond of Rs.1,00,000/- with one suitable surety of the like amount, to the satisfaction of learned Special Judge, Lakhimpur, Assam.

¶8The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned Special Judge, Lakhimpur, Assam without prior written permission from him/her;

(b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(c) shall not hamper with the investigation, or tamper with the evidence of the case.

¶9In view of the above, the bail application stands disposed of.

¶10Send back the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010164332024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2447/2024 JIABUR ALI S/O LATE EUSUF ALI, R/O VILL- BOANGALIGAON, P.S.-BIHPURIA, PIN- 784161, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS D BORGOHAIN, MS M BORAH,MS. K BORUAH,MS. M SARMAH,MR. P GOHAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI